United States Environmental Protection Agency, Region IX

 

Air Division

Technical Support Document 

for

 

EPA’s Notice of Proposed Rulemaking

for the

California State Implementation Plan

as submitted by the California Air Resources Board

EPA’s Analysis of

San Joaquin Valley Unified Air Pollution Control District’s

Rule 4453, Refinery Vacuum Producing Devices or Systems

Rule 4454, Refinery Process Unit Turnaround

December 11, 2009

Prepared by Joanne Wells

Approved by Andrew Steckel

San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD)

Submitted Rules

Rule 4453, Refinery Vacuum Producing Devices or Systems (originally
adopted on May 21, 1992).

Rule 4454, Refinery Process Unit Turnaround (originally adopted on May
21, 1992).

                                                                        
                                                                        
                                                                        
                                                                        
                                                                        
                                                                        
                                                                        
                                                                        
                                                                        
                                                                        
                                                                        
                                                                        
                                                             

Both SJVUAPCD rules above were amended on December 17, 1992, submitted
on August 24, 2007, and the submittals determined complete on September
17, 2007.  There are no submittals of these rules on which EPA has not
acted.

Background

On January 2, 2008 (73 FR 48), EPA published a direct final approval of
revisions to the California State Implementation Plan (SIP).  These
revisions concerned local rules that address reduction of animal matter,
and volatile organic compound (VOC) emissions from cutback, slow cure,
and emulsified asphalt operations, crude oil and petroleum production
and refinery equipment, and petroleum solvent dry cleaning.  The direct
final action was published without prior proposal because EPA
anticipated no adverse comment.  The direct final rule stated that if
adverse comments were received by February 1, 2008, EPA would publish a
timely removal in the Federal Register.  EPA received a timely adverse
comment.  Consequently, we removed the direct final approval of SJVUAPCD
Rules 4104, 4402, 4404, 4453, 4454, 4625, 4641, and 4672.  

We are re-proposing approval of two of these SJVUAPCD rules (4453 and
4454) in today’s action. We do not intend to take final action based
on our January 2008 proposal regarding rules 4453 and 4454. As a result,
we are not summarizing or replying to comments submitted in response to
our January 2008 proposal regarding those rules. 

Applicable SIP Rules

SIP versions of these two submitted SJVUAPCD rules are old precursor
rules from three of the eight counties that now comprise SJVUAPCD.  The
SIP-approved rules are described below.

Precursor SIP rules for submitted SJVUAPCD Rule 4453:

Kern County Rule 414.2, Refinery Process Vacuum Producing Devices or
Systems (approved on August 21, 1981, 46 FR 42459).

Kings County Rule 414.2, Refinery Vacuum Producing Devices or Systems
(approved on May 7, 1982, 47 FR 19696).  

San Joaquin County Rule 413.2, Refinery Vacuum Producing Devices
(approved on May 7, 1982, 47 FR 19696).  

Precursor SIP rules for submitted SJVUAPCD Rule 4454:

Kern County Rule 414.3, Refinery Process Unit Turnaround (approved on
August 21, 1981, 46 FR 42459).  

Kings County Rule 414.3, Refinery Process Unit Turnaround (approved on
May 7, 1982, 47 FR 19696).  

San Joaquin County Rule 413.3, Refinery Process Unit Turnaround
(approved on May 7, 1982, 47 FR 19696).  

Purposes of Rules and Rule Amendments

Section 110(a) of the CAA requires states to submit regulations that
control volatile organic compounds, oxides of nitrogen, particulate
matter, and other air pollutants which harm human health and the
environment.  These rules were developed as part of the local agency’s
program to control volatile organic compounds.

The purposes of amendments to Rules 4453 and 4454 are as follows:       

4453: The rule requires reducing VOC emissions from refinery vacuum
producing devices by covering hot wells and collecting vapors for
recycle to refinery gas or incineration. The format is improved, the
rule is renumbered, the rule purpose and applicability are added, and a
90% VOC control efficiency requirement is added.

4454: The rule requires reducing VOC emissions from a refinery process
unit turnaround by collecting vapors for recycle to refinery gas,
incineration, or flaring.  The format is improved, the rule is
renumbered, and the rule purpose and applicability are added.

RACT Demonstration

On April 16, 2009, SJVUAPCD adopted its “RACT Demonstration for Ozone
SIP,” which provides the District’s demonstration that RACT is
implemented for all appropriate rules.  See Guidance and Policy Document
8.

 

In summary, SJVUAPCD found the following for Rules 4453 and 4454:

VOC emissions from these sources are too small to report as part of the
2009 RACT SIP Demonstration.  

There is a national Control Technique Guidance (CTG) document for these
sources. Rule 4453 and 4454 were found by the district to be as
stringent as the CTG in the RACT SIP Analysis. See Guidance and Policy
Document 6.

There is no ACT and no other national regulation (NSPS, NESHAP or MACT)
to help define RACT for these two categories.

Similar requirements are imposed by other large California nonattainment
area agencies.

We concur with SJVUAPCD’s finding that Rules 4453 and 4454 implement
RACT for reasons including:

SJVUAPCD determined that these rules are as stringent as the CTG
(Control of Refinery Vacuum Producing Systems, Water Separators, and
Process Unit Turnarounds). 

SJVUAPCD determined that these rules are at least as stringent as other
California nonattainment area agency rules. 

 SJVUAPCD, SCAQMD, and the other large California nonattainment agencies
generally have among the most stringent stationary source requirements
nationwide, and we are not aware of other reasonably available
technological or operational controls likely to significantly reduce
additional emissions from this emission source.

The VOC emissions from these sources are very small.         

Rule Evaluation               

Generally, SIP rules must be enforceable (see section 110(a) of the
CAA), must require Reasonably Available Control Technology (RACT) for
each category of sources covered by a control technique guideline (CTG)
document as well as each major source in nonattainment areas (see
section 182(a)(2)), and must not relax existing requirements (see
sections 110(l) and 193).  The SJVUAPCD regulates a 1-hr ozone
nonattainment area and an 8-hr ozone nonattainment area (see 40 CFR part
81) and must fulfill the requirements of RACT.  

The submitted rules are enforceable, do not relax the SIP, and fulfill
the requirements of RACT and should be given full approval.

Guidance and Policy Documents

Guidance and policy documents that we used to help evaluate rules and
RACT requirements consistently include the following:

Portions of the proposed post-1987 ozone and carbon monoxide policy that
concern RACT, 52 FR 45044 (November 24, 1987).

Requirements for Preparation, Adoption, and Submittal of Implementation
Plans, U.S. EPA, 40 CFR part 51.

Addendum to the General Preamble for the Implementation of Title I of
the Clean Air Act Amendments of 1990, 59 FR 41998 (August 16, 1994).

Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations, EPA (May 25, 1988).  [The Bluebook]

Guidance Document for Correcting Common VOC & Other Rule Deficiencies,
EPA Region 9 (August 21, 2001). [The Little Bluebook]

Control of Refinery Vacuum Producing Systems, Wastewater Separators, and
Process Unit Turnarounds, EPA-450/2-77-025 (October 1977) 	

2007 Ozone Plan, San Joaquin Valley Unified Air Pollution Control
District (April 30, 2007).  HYPERLINK
"http://www.arb.ca.gov/planning/sip/2007sip/sjv8hr/sjvozone.htm"
http://www.arb.ca.gov/planning/sip/2007sip/sjv8hr/sjvozone.htm 

RACT Demonstration for Ozone SIP, San Joaquin Valley Unified Air
Pollution Control District (April 16, 2009).

EPA Recommendations

The following revisions are not currently the basis for rule
disapproval, but are recommended for the next time the rule is amended.

For SJVUAPCD Rule 4453 for clarity and enforceability, consider adding
definitions for vacuum producing device or system, hot wells, firebox,
and accumulator.

For SJVUAPCD Rule 4454 for clarity and enforceability, consider adding
definitions for process unit turnaround, firebox and refinery fuel gas. 

For SJVUAPCD Rule 4454, consider adding recordkeeping requirements for
tracking process unit turnarounds including the date when the unit is
shutdown and the internal pressure of the unit before it is vented or
opened to the atmosphere. We recommend requiring the records be kept by
the facility for 5 years.  

EPA Actions           

EPA recommends full approval under section 110(k)(3) of the CAA as
amended in 1990 of the following SJVUAPCD rules for incorporation into
the California Applicable SIP, superseding the precursor SIP rules cited
above:

Rule 4453, Refinery Vacuum Producing Devices or Systems (amended on
December 17, 1992, submitted on August 24, 2007.)

Rule 4454, Refinery Process Unit Turnaround (amended on December 17,
1992, submitted on August 24, 2007.)

Attachments

Submitted SJVUAPCD rules plus applicable SIP SJVUAPCD rules.

2009 RACT SIP, SJVUAPCD, April 16, 2009.  [Cover plus sections relevant
to SJVUAPCD Rules 4453 and 4454].

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